Criminal Law Blog

A Domestic Violence Charge in New Jersey Typically Results in both a Criminal Complaint and a Temporary Restraining Order Issued Against You.

The criminal complaint will almost always result in you being arrested and incarcerated until the case is reviewed by a criminal law Judge to determine whether you should be detained until the charge is resolved. The Temporary Restraining Order (TRO) will be addressed by a family law Judge, separately from the criminal charges. This requires you to hire a lawyer to defend you in two different Courts on two different legal matters, each of which can impact your freedom and limit your ability to travel or go to places you normally would go. Each of these actions will preclude you from having any contact with the victim of the Domestic Violence charge. In essence, you are precluded from having any contact with the protected person, even if he/she initiates the contact. The NO CONTACT restriction order means that if the protected person calls you and you answer the phone, you have violated the no contact restriction order of the Court. Even if they are outside your house and you talk to the protected person or make any gesture to that person (like a middle finger), you are violating the no contact restriction order. If you were to be convicted of the underlying criminal charge and have a Final Restraining Order issued against you, the impact of the conviction will be to give you a permanent record of conviction. What’s more, the final restraining order will last….. forever. So before you make any decisions on how to address these matters, it behooves you discuss your case with an experienced New Jersey defense lawyer to make certain you understand how these types of offenses can impact your future. If you would like to talk to me about what you are facing, the phone consult is free.